STATE OF MAHARASHTRA Vs. SHAKUNTALABAI BABURAO CHINDHE

JUDGEMENT

(1.) Admit. Advocate for respondents waives services. Considering the facts and circumstances, the appeal is immediately taken up for final disposal.

(2.) The challenge in this appeal is to the judgment and award dated 18th July 2005, passed by the learned Member of the Motor Accident Claims Tribunal at Shrirampur. The respondents are the original claimants. The respondents filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of death of one Baburao Suryabhan Chindhe in a motor accident involving a jeep owned by the first appellant. Though written statements were filed by the appellants, at the time of trial of the petition, the appellants did not appear. The Tribunal awarded compensation of Rs.3,03,000/- inclusive of no fault liability together with interest thereon at the rate of 9% p.a.

(3.) The submission of the learned A.G.P. appearing for the appellants is that initially the claim petition was filed before the Tribunal at Ahmednagar. However, subsequently the claim petition was transferred to the Tribunal at Shrirampur. His submission is that when the petition was pending in the Tribunal at Ahmednagar, the appellants had engaged an Advocate. After the claim petition was transferred to the Tribunal at Shrirampur, the appellants did not contest the claim petition due to communication gap. It is alleged that the Advocate who was initially appointed when the petition was pending in the Tribunal at Ahmednagar, suffered a heart disease and, therefore, he could not look after the matter.